Allied Banking Corporation vs Ordonez Date: December 10, 1990 Petitioner: Allied Banking Corporation Respondents: Sedfrey Ordonez and Alfredo Ching Nature: This is a special civil action for certiorari to review the decision of the Department of Justice regarding the interpretation of the penal provision of PD 115. Ponente: Padilla Facts: - On January 21, 1981, Philippine Blooming Mills thru Alfredo Ching applied for the issuance of commercial letters of credit with Allied Banking Corporation’s Makati branch to finance the purchase of 500 M/T Magtar Branch Dolomites and one Lot High Fired Refractory Sliding Nozzle Bricks which would be utilized in the operation of machinery and equipment. - ABC issued an irrevocable letter of credit in favor of Nikko Industry Co Ltd by virtue of which the latter drew 4 drafts which were accepted by PBM and paid by the bank. - To secure payment of the amount covered by the drafts and in consideration of the transfer by ABC of the possession of the goods to PBM, Ching executed four Trust Receipt Agreements acknowledging ABC’s ownership of the goods and its obligation to turn over the proceeds of the sale of the goods, if sold, or to return the same, if unsold within the stated period. - Out of the said obligation resulted an overdue amount of P1,475,274.09. Despite repeated demands, PBM failed and refused to either turn over the proceeds of the sale of the goods or to return the same. - ABC filed a criminal complaint against Ching for violation of PD 115. After preliminary investigation, the fiscal found a prima facie case for violation of PD 115 on four counts and filed the corresponding information. Ching appealed the fiscal’s resolution alleging that the goods subject of the trust receipt agreements were dolomites which were specifically used for patching purposes over the surface of furnaces and nozzle bricks which are insulating materials in the lower portion of the ladle which do not form part of the steel product itself. - Justice Secretary Ordonez reversed the resolution saying that PD 115 contemplates or covers only goods, which have, for their ultimate destination, the sale thereof or if unsold, their surrender to the entruster, this whether the goods are in their original form or in their manufactured or processed state. Not all transactions covered by trust receipts may be considered as trust receipt transactions defined and penalized under PD 115. - ABC filed a motion for reconsideration of the Ordonez’ resolution. Issue: WON the penal provision of PD 115 apply when the goods covered by a Trust Receipt do not form part of the finished products which are ultimately sold but are instead utilized/used up in the operation of the equipment and machineries of the entrustee-manufacturer. Held: Yes Ratio: - In trust receipts, there is an obligation to repay the entruster. The entrustee binds himself to sell or dispose of the entrusted goods with the obligation to turn over to the entruster the proceeds if sold, or return the goods if unsold or not otherwise disposed of, in accordance with the terms and condition specified in the trust receipt. A violation of this undertaking constitutes estafa under Sec 13 of PD 115. - The wording of Sec 13 covers failure to turn over the proceeds of the sale of entrusted goods, or to return said goods, unsold or disposed of in accordance with the terms of the trust receipts. The non payment of the amount covered by a trust receipt is an act violative of the entrustee’s obligation to pay. There is no reason why the law should not apply to all transactions covered by trust receipts, except those expressly excluded. - The Court takes judicial notice of customary banking and business practices where trust receipts are used for importation of heavy equipment, machineries, and supplies used in manufacturing operations. A construction should be avoided when it affords an opportunity to defeat compliance with the terms of the statute. - The penal provision of PD 115 encompasses any act violative of an obligation covered by the trust receipt; it is not limited to transactions in goods which are to be sold, reshipped, stored, or processed as a component of a product ultimately sold. To uphold the Justice Department’s ruling would contravene not only the letter but the spirit of PD 115.
